What Is BNS Section 309?

Bharatiya Nyaya Sanhita, 2023 - Section 309: Robbery

(1) In all robbery, there is either theft or extortion.

(2) Theft is robbery if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

(3) Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

Explanation: The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Illustrations:

• (a) A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here, A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
• (b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here, A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
• (c) A meets Z and Z’s child on the high road. A takes the child and threatens to fling it down a precipice unless Z delivers his purse. Z, in consequence, delivers his purse. Here, A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.
• (d) A obtains property from Z by saying, “Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees.” This is extortion and punishable as such; but it is not robbery unless Z is put in fear of the instant death of his child.

(4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

(5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

(6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Brief Detail

Section 309 of the BNS outlines the crime of robbery, which includes elements of either theft or extortion. It defines robbery in specific scenarios involving threats of violence or actual violence during the commission of theft. The section also details punishments for robbery and related offenses, including varying terms of rigorous imprisonment and fines based on the nature of the crime.

Question & Answers

• Q1: What is the relationship between theft and robbery under Section 309?
  A: All robberies involve either theft or extortion. Theft can be classified as robbery if it involves causing fear or harm to a person.
• Q2: What punishments are specified for robbery?:
  A: Punishments may include rigorous imprisonment for up to ten years, with possible extensions up to fourteen years if the robbery occurs on a highway between sunset and sunrise.
• Q3: How does extortion qualify as robbery?
  A: Extortion qualifies as robbery when the offender is present and puts the victim in fear of immediate harm or restraint, inducing them to surrender property.
• Q4: What happens if someone is hurt during the commission of robbery?
  A: If someone causes hurt while committing or attempting robbery, they may face imprisonment for life or rigorous imprisonment for up to ten years.

Example

• Example 1: A fraudulently takes Z's money while holding Z down, committing theft and robbery.
• Example 2: A threatens Z with a pistol to demand Z's purse on the high road.
• Example 3: A takes Z's child and demands Z's purse, putting Z in fear of immediate harm to the child.
• Example 4: A threatens Z about his child's life unless Z pays a ransom; this is extortion but not robbery unless it involves an immediate threat.

Summary

Section 309 of the BNS defines robbery as a combination of theft or extortion involving threats or actual harm. The section specifies various scenarios where theft qualifies as robbery and outlines the corresponding penalties, emphasizing the severity of the crime and its impact on victims.